Uma análise da infiltração policial virtual no combate às organizações criminosas sob o viés do princípio constitucional da proporcionalidade

Abstract

This work analyzes virtual police infiltration as a means of obtaining evidence in the fight against organized crime, investigating its constitutional conformity, especially from the perspective of the principle of proportionality. The research aims to analyze the procedural aspects and limits of this investigative mechanism, which is regulated in the Brazilian legal system by Law No. 12.850/2018, based on the Federal Constitution of the Federative Republic of Brazil of 1988. To this end, a qualitative methodology was adopted, consisting of a literature review and an examination of the legislation relevant to the subject matter. Initially, the work focuses on a historical analysis of organized crime, in addition to addressing the legal conceptualization and classification of criminal organizations. Then, it specifically addresses the technique of virtual police infiltration, with an analysis of its definition, procedural rite, and practical effectiveness. Finally, the discussion addresses the constitutionality of this investigative method, with emphasis on the study of the flexibilization of fundamental rights and guarantees, in light of the principle of proportionality. It concludes that virtual police infiltration, if constitutional limitations and legal requirements are observed, proves to be an extremely effective investigative method in the repression of organized crime.